Legal Opinion

Solus Alternative Asset Management LP v. Delphi Automotive PLC (In re DPH Holdings Corp.)

United States Bankruptcy Court, S.D. New York

Decided May 13, 2016No. Case No. 05-44481(RDD) (Jointly Administered); Adv. Pro. No. 14-02445(RDD)PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON PLAINTIFFS’ AND DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

Hon. Robert D. Drain, United States Bankruptcy Judge

The plaintiffs in this adversary proceeding seek a declaration that they — and by inference other similarly situated general unsecured creditors — are entitled under § 5.3 of the confirmed and consummated First Amended Joint Plan of Reorganization, dated July 30, 2009 [Dkt. No. 18707] (the “Plan”) of the debtors herein (the “Debtors”) to the “General Unsecured MDA Distribution.” The condition triggering the right to be paid that distribution is highlighted in…

2Cases cited27 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Shelley Weinstock v. Columbia UniversityCourt of Appeals for the Second Circuit · 2000
  4. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  5. Amnesty America v. Town of West HartfordCourt of Appeals for the Second Circuit · 2004

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3Cited by12 opinions

  1. Miller v. Parker (In Re Reading Broadcasting, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2008
  2. 45 John Ny, LLC v. HS 45 John LLC (In re HS 45 John LLC)United States Bankruptcy Court, S.D. New York · 2018
  3. Bayside Capital, Inc. and Cerberus Capital Managem v. TPC Group Inc.United States Bankruptcy Court, D. Delaware · 2022
  4. CFG Peru Investments Pte. Limited (Singapore) and Friedrich von Kaltenborn-Stachau, in his capacityUnited States Bankruptcy Court, S.D. New York · 2023
  5. Celsius Customer Preference Actions v. ValenzuelaUnited States Bankruptcy Court, S.D. New York · 2025

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